Order No.  18  dt.  03/02/2017

       The case of the complainant in brief is that o.p. no.1 constructed a multistoried building and it was agreed by and between the parties that o.p. no.1 will deliver to o.p. no.2 to 6 total 4000 sq   .ft. of super built up area in the form four flats to owners along with three car parking space to o.ps. and the rest of the flats and other will remain with the developer / o.p. no.1 as an absolute owner thereof. After the completion of he said construction o.p. no.1 intended to sell the flats which were in their shares / possession as per agreement. The complainant wanted to purchase one flat measuring about 1137 sq.ft. at a price of Rs.3,41,100/- and the complainant initially paid Rs.43,800/- and subsequently paid further amount totaling an amount of Rs.2,35,400/- to o.p. no.1. The o.p. no.1 gave possession of the flat to the complainant. Due to financial crisis the complainant could not pay the balance amount as per commitment with o.p. no.1 and requested the o.p. no.1 to allow some time so that he can pay the rest amount. The o.p. no.1 subsequently started different legal proceedings against the complainant and also filed a title suit in the court of Ld. Asstt. District judge, Alipore and the said case was also dismissed for fault. The complainant repeatedly requested the o.p. no.1 to register the said flat in the name of the complainant after receiving the balance amount. Since o.p. no.1 did not comply the request of the complainant therefore the complainant had to file this case praying for direction upon the o.p. no.1 for registration of the said flat in favour of the complainant on payment of the balance amount.

            In spite receipt notices the o.ps. did not contest this case by filing w/v and as such the case has proceed ex parte against the o.ps.

            The complainant in order to prove the case filed evidence on affidavit whereby it was stated that the complainant agreed to purchase a flat at a price of Rs.3,41,100/- and out of the said amount he paid Rs.2,35,400/-. After receiving the said amount o.p. no.1 gave possession of the flat to the complainant. The complainant requested the o.p. no.1 to give him some time so that he can pay the balance amount but o.p. no.1 started to take legal proceedings for which the complainant had to file this case. The complainant has prayed for direction upon the o.ps. to receive the balance amount and to execute and register the deed of sale in favour of the complainant.

            Since the evidence of the complainant has remained unchallenged in order to prove the case the complainant has filed the agreement wherefrom it appears that the complainant entered into an agreement to purchase the flat and the complainant also paid the amount which has not been controverted by o.p. no.1 by adducing any evidence or by challenging the contention of the complainant. Since the evidence of the complainant has remained unchallenged therefore we have no other alternative to accept the case of the complainant. Accordingly the complainant will be entitled to get the relief as prayed for.

            Hence, ordered,

            That the CC No.682/2014 is allowed on contest against the o.ps without cost. The o.p. no.1 is directed to receive the balance amount of Rs.1,05,700/- from the complainant within 30 days from the date of communication of this order and after receiving the said balance amount the o.ps. are jointly and/or severally directed to execute and register the deed of sale of the flat in question in favour of the complainant within further 30 days.      

            Supply certified copy of this order to the parties free of cost.